Outcome of an official complaint against a Training Company

[AdvS1]

Hi Guys,

How are you all?
Can you help me make sense of something?

I have just received a letter with an invoice for £750.00 for work that I did for free (July 2008 to September 2008) and was accepted as such by an accredited training organisation.

The invoice states that payment is requested promptly.

The work was a mutual exchange of services conducted in a mutually beneficial verbal agreement.
I would provide my services for free for which all training costs would be borne by the organisation.

My part to play was that my two allotted candidates (which the Director could not directly handle them herself as she had six candidates in total), would receive support and guidance from me in gaining their NVQ level 2 qualifications.

I would be trained up for free as an accredited assessor (A1) and the Director could then maintain her ongoing obligations and look for further lucrative work, knowing that her candidates were in good hands with me. I’m also an accredited trainer and coach.

That is exactly what happened.
My candidates subsequently received their NVQ’s for all of the units that they studied with me.
This showed that they were competent in their understanding of their work and this was reflected with their gaining their NVQ level 2 awards.

This was also a reflection in my competency in asessing them.

During my training there were many inadequacies with the Director and her organisations’ training practices.

Just one of them was that I didn’t receive a vital piece of information: Witness Testimony from her, (originally to be received from her client: the sub-contractor) to be put in my file as proof of my candidates' gaining their NVQ’s, even though she had confirmation of their gaining competency in their NVQ studies back in September 2008.

This was one of the many reasons why I reported her to her awarding body, as she and her Assessor deliberately sent through my file to be assessed with gaping discrepancies.

I have my Complaint’s letter in my possession and can be sent to you if required?

Just as importantly, she is also involved with my claim against another company and is known as "Ms X".
See the thread here >> http://www.legalbeagles.info/forums/showthread.php?t=19144

A statement she makes is the same one that the OCR made to me in their response letter, so it makes me wonder if they sent my complaint letter to her as part of their investigation.

Her actions are unbelievable and I think she may have financial difficulties.

I know that I do not owe this money.

In fact her company owes me money (to the tune of at least £1,000.00). I didn’t even charge her any expenses while travelling to her premises and to the candidates' training/workshop, to assess the two candidates assigned to me for my training.

I did not invoice her as it was a simple verbal mutually free service exchange agreement (for which she was paid via her sub-contractor and has financially benefited).

I have not seen her since late June 2009. Our only correspondence is via letter, so to receive this out of the blue from her is almost laughable.

I have a good mind to send her letter to the Quality & Compliance Dept at the OCR and show them that her latest actions are the result of my issuing a complaint against her and from their investigating her.

Can you please tell me where I stand with this and how I counter/rebutt her invoicing me?


Kind regards,
AdvS1.

[Amethyst]

Re: Outcome of an official complaint against a Training Company

again honey, did you have anything in writing outlining the agreement that you would work in return for the training ? I know you had it verbally which counts as well, but is easier to refute if she is playing dirty.

[AdvS1]

Re: Outcome of an official complaint against a Training Company

Hi there Amethyst,

Hope you are having a good day?

I'll look through my paperwork and emails and see what I can find as confirmation.

Thanks,
AdvS1.

[AdvS1]

Re: Outcome of an official complaint against a Training Company

Hi there Amethyst,
I went through my paperwork and emails thoroughly. What I have is:

1. Assessor’s Agreement.
All trainees have this when they join for the training. It’s more along the lines of mutual conduct stating commitments made between the candidate and assessor while undergoing training at Ms X’s training centre.
There is no mention there at all of any payment of fees.

2. Emails.
Email dated 7th May 2008 from myself to Ms X stating that I’m available to meet for the NVQ Assessor award training.

Email dated 26th June 2008 from myself to Ms X asking if the training was still going ahead for next week Monday (30th June 2008).

Reply email dated 27th June 2008 from Ms X stating that she’s unable to meet for the training as had booked a holiday and needed to recharge her batteries. She hoped for us to meet on the 14th July 2008.

On 22nd July 2008, Ms X received an Email from the Training Manager at the assessment workplace confirming date and time of Induction. It also stated the name of all six candidates to be assessed for NVQ training.

Ms X forwarded the same email to myself and another trainee asking if we would like to join her to attend the Induction Meeting to meet our new candidates on their work premises, Thursday 24th July 2008. She also offered to drive us to the venue (just outside of London) if we turned up at the office first. I was the only student that turned up to attend the Induction to meet them. She cc’d her IV in the email as I was going to meet her on another day in October.

Other emails detailed processes for assessing my candidates or for meetings with my allocated IV.

In all of the emails and correspondence between us, there has never been any written indication or mention regarding payment of fees.

3. Other A1 trainees
All candidates attended an Induction Meeting in July 2008 at Ms X’s training centre premises.

A1 Trainee 1: Ms X and this trainee already work together in her office. They have a very close relationship and he is a Director in the business.
He started the training at the same time as me. Was also accepted for free and we were both meant to assess candidates in the same workplace. This didn’t happen, so she did some ‘creative working’ to help him become qualified.
Result = Candidate is now qualified and working with her as an A1 Assessor at her training centre.

A1 Trainee 2: came on board the same time as me. Her organisation paid for the training.
Ms X sent trainee 2 an invoice requesting payment after she had completing her A1 training but before being awarded her certificate. When Ms X was challenged about this by the trainee, she replied saying that there was an ‘Office Manager error‘.
Result = Candidate is now qualified.
　

Hope all of the above info helps?
Please let me know if you require any more.

Thanks,
AdvS1 x

[Amethyst]

Re: Outcome of an official complaint against a Training Company

''Ms X sent trainee 2 an invoice requesting payment after she had completing her A1 training but before being awarded her certificate. When Ms X was challenged about this by the trainee, she replied saying that there was an ‘Office Manager error‘. ''

I assume the ''error'' was invoicing when she shouldnt have and the trainee didn't have to pay anything.
Trying it on springs to mind then. Write back, unemotionally, setting out the original verbal agreement and that you trust this brings things to a close. Treat it as though there has been an error. Then leave it, I very much doubt she will try taking it to court.

[AdvS1]

Re: Outcome of an official complaint against a Training Company

Amethyst,

How does this look?
I'd like to post it tomorrow.
Just wanted you to cast your eye over it when you have some time.

Thank you x

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Invoice - xxxx A1 Assessor Training

　
Ms X,

I have received your invoice ref: xxxx £750.00 for A1 Assessor training.
I believe that it has been created and sent to me in error.

The A1 training that you offered me was a free placement at your training centre.

Our verbal agreement which you offered and I accepted, was a mutually agreed exchange of my services between ourselves in my helping your allotted candidates to study for their NVQ level 2 Business and Administration subjects.

My support of these candidates enabled them to be deemed competent in the units that they studied, with my guidance. You have evidence of this.

This invoice has no bearing or reflection on me and was never mentioned in any of our correspondence either verbally or in writing, while I was training at your centre.

I again state that this invoice has been sent to me in error and I have returned it so that you can amend your accounts and records accordingly.

Regarding the response to my complaint letter dated Thursday 29th July 2009, a copy of this letter has also been sent to Ms Z Quality & Compliance Manager, for notification that you contacted me regarding my complaint of your training procedures and treatment towards me.

I trust that this will bring the matter to a close.
　

Sincerely,

AdvS1
Copy to Ms Z

[Amethyst]

Re: Outcome of an official complaint against a Training Company

Not sure on penultimate sentence re the complaint letter ?


Will have another look after I get kids to school.

xx

[AdvS1]

Re: Outcome of an official complaint against a Training Company

Ok.

I welcome your reply.
Thank you x

[AdvS1]

Re: Outcome of an official complaint against a Training Company

Hi Ame,

It's okay.
I've sorted out the penultimate sentence by leaving it out.

Thank you very much for your input xx